Mediation and arbitration require expert legal representation to ensure maximum benefit from alternative dispute resolution. The attorneys at Allen Barron represent clients in mediation and arbitration cases. What is the difference between mediation and arbitration and why is it important to have an expert attorney by your side?
Mediation is a non-binding alternative to litigation in a court of law. Mediation works well for minor issues. It also is beneficial to help resolve part of the issue(s) between the parties so there is less to take before a judge. The parties agree upon a neutral third party with expertise in the specific area associated with the dispute as well as the law. The mediator works between the parties to help clarify their issues and positions and then works to bring the parties together to discuss potential options and negotiate a resolution. Allen Barron’s attorneys continue to have influence over the process to protect our client’s goals and interests.
Many contracts call for arbitration. Arbitration is more structured than mediation, and the decision of the neutral arbiter is final and binding. It can only be appealed in rare cases of outright fraud or collusion between the arbiter and the other party. Arbitration usually begins with each attorney preparing a brief for the arbiter. The arbiter has the ability to collect evidence, interview the parties and appropriate witnesses and hear testimony. Once all information has been presented and the arbitration procedure is completed the arbiter reviews all facts and evidence and renders a decision.
Mediation is a source of great creativity and collaborative problem solving. It is usually expedient and cost-effective. Arbitration is much more structured, and while many of the formalities of litigation are waived the process absolutely requires the representation of an experienced and competent attorney. However, with arbitration you are sure to receive a decision which will end the dispute.
Mediation and arbitration may seem quite similar on their face, but the reality is quite different. Mediation and arbitration require expert legal representation to maximize the benefit of each forum. As your attorney, Allen Barron provides insight borne of legal skill and a breadth of experience as well as proven legal skill. If you are facing a business dispute or lawsuit we invite you to contact us for a free consultation at 866-631-3470. Learn how Allen Barron can protect your interests and help to resolve the dispute in the shortest possible time frame.